German Yearbook of International Law / Jahrbuch für Internationales Recht

Vol. 57 (2014)

2015. 756 S.
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ISBN 978-3-428-14796-0
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ISBN 978-3-428-54796-8
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Beschreibung

The German Yearbook of International Law, founded as the Jahrbuch für Internationales Recht, provides an annual report on new developments in international law and is edited by the Walther Schücking Institute for International Law at the University of Kiel. Since its inception in 1948, the Yearbook has endeavored to make a significant academic contribution to the ongoing development of international law. Over many decades the Yearbook has moved beyond its origins as a forum for German scholars to publish their research and has become a highly-regarded international forum for innovative scholarship in international law. In 1976, the Yearbook adopted its current title and began to publish contributions written in English in order to reach the largest possible international audience. This editorial decision has enabled the Yearbook to successfully overcome traditional language barriers and inform an international readership about current research in German academic institutions and, at the same time, to present international viewpoints to its German audience. Fully aware of the paramount importance of international practice, the Yearbook publishes contributions from active practitioners of international law on a regular basis. The Yearbook also includes critical comments on German state practice relating to international law, as well as international reactions to that practice.

Inhaltsübersicht

FORUM: 1914–2014 Niemeyer's International Law Revisited

Andreas von Arnauld
Reflections upon Reflections: Koskenniemi on Niemeyer

Theodor Niemeyer
Tasks of the Future Science of Public International Law

Martti Koskenniemi
International Law as ›Science‹ – Reflections on a Mandarin Essay

FOCUS: Law of the Sea in the 21st Century

Nele Matz-Lück
The Law of the Sea as a Research Focus in Kiel: Looking Back and Moving Ahead

Shunji Yanai
Can the UNCLOS Address Challenges of the 21st Century?

Bing Bing Jia
The Principle of the Domination of the Land over the Sea: A Historical Perspective on the Adaptability of the Law of the Sea to New Challenges

Rüdiger Wolfrum
Evolution of the Law of the Sea from an Institutional Perspective

Liesbeth Lijnzaad
Formal and Informal Processes in the Contemporary Law of the Sea at the United Nations, a Practitioner's View

Yoshifumi Tanaka
The Institutional Application of the Law of Dédoublement Fonctionnel in Marine Environmental Protection: A Critical Assessment of Regional Regimes

Tullio Scovazzi
The Exploitation of Resources of the Deep Seabed and the Protection of the Environment

Doris König
Maritime Security: Cooperative Means to Address New Challenges

Alexander Proelss
Dispute Settlement in Multi-Layered Constellations: International Law and the EU

Isabel Feichtner
Power and Purpose of Ecolabelling: An Examination Based on the WTO Disputes Tuna II and COOL

GENERAL ARTICLES

Diego Germán Mejía-Lemos
On Self-Reflectivity, Performativity, and Conditions for Existence of Sources of Law in International Law

Tobias Thienel
Third States and the Jurisdiction of the International Court of Justice: The Monetary Gold Principle

Mart Susi
Implied Constitutional Competence of the European Court of Human Rights

Paul Gragl
The Silence of the Treaties: General International Law and the European Union

Isabel Daum
Legal Conflicts in the Protection of Traditional Knowledge and Intellectual Property in International Law

Kevin Grimmeiß
International Criminal Tribunals and the Right to a Lawful Judge

Thiago Braz Jardim Oliveira
State Immunity and Criminal Proceedings: Why Foreign Officials Cannot Enjoy Immunity Ratione Materiae from the Legal Process of Extradition

Sinthiou Buszewski and Henner Gött
Avoiding Kadi – ›Pre-emptive Compliance‹ with Human Rights when Imposing Targeted Sanctions

Anja Kießling
The Uncertain Fate of the African Court on Human and Peoples' Rights: The Problematic Merger with the African Court of Justice and the Establishment of an International Criminal Law Section

GERMAN PRACTICE

Stefan Talmon
At last! Germany Admits Illegality of the Kosovo Intervention

Christoph Beinlich and Benjamin Jüdes
Germany's Role in the Destruction of Syrian Chemical Weapons

Philipp Stöckle
Recent Developments in German Case Law on Compensation for Violations of International Humanitarian Law

Arne Reißmann and Sarah Bothe
Ending Impunity for the Bottommost Diplomatic Caste: German Practice in Relation to Domestic Workers in Diplomatic Households

Martin Weiler
The Right to Privacy in the Digital Age: The Commitment to Human Rights Online

Sina Hartwigsen and Jasmin Oschkinat
The Convention for the Safeguarding of the Intangible Cultural Heritage and Its Relevance for Germany

Sarah Gahlen
Watercourses: The UN Convention and Germany's International Treaties

Berenike Schriewer
The German Federal Constitutional Court's First Reference for a Preliminary Ruling to the European Court of Justice

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